General terms and conditions of the online shop KraftKids
(1) Provider and contractual partner for the goods presented in the “KraftKids” online shop under the domain www.kraftkids.de/shop is KraftKids GmbH, Roermonder Str. 125a, 41068 Mönchengladbach, Germany, telephone 0049-(0)2161-5397749, E-mail firstname.lastname@example.org (hereinafter referred to as “provider”).
(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the items presented in the online shop for sale. The color of the articles in the online shop may vary slightly depending on the Internet browser used and the customer's monitor settings; these deviations are technically never completely avoidable.
(2) The selection of goods, the conclusion of the contract and the execution of the contract take place in German.
(3) The provider delivers within Germany and to all other countries of the European Union, to Liechtenstein, Norway and Switzerland.
(4) The customer selects the desired goods by either first placing the goods in the "shopping cart" using the "ADD TO CART" button and continuing the purchase, or by completing the item selection with the "CONTINUE TO CHECKOUT" button. After entering his personal data and the desired method of payment and shipping, the customer can use the "BUY" button to send his order request to the provider in a binding manner. Until the order has been sent, the customer has the option at any time to view and change the data specified in the order or to cancel the order completely.
(5) The provider submits a binding purchase offer for the goods presented in the online shop. By sending the order request via the "BUY" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(6) The content of concluded contracts is saved by the provider and sent to the customer by e-mail in the contract confirmation.
(7) In the event of delivery obstacles or other circumstances that would prevent the fulfillment of the contract, the provider will inform the customer by e-mail.
§ 3 - Prices and payment
(1) All product prices are final prices plus shipping costs. The fees include 19% sales tax.
(2) The shipping costs are listed in the respective product description.
(3) Deliveries to countries outside the European Union may incur customs duties and import sales tax, which the customer must pay to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and the shipping costs and cannot be influenced by the provider.
(4) At the option of the customer, the provider delivers against prepayment by redeeming a KrafKids voucher, against prepayment by bank transfer, against prepayment using PayPal, against prepayment by credit card payment, against prepayment using Amazon Payments or via PayPal Plus offered payment methods according to the following stipulations:
(a) To pay by voucher, the customer can enter a voucher code in the shopping cart. The invoice amount will be paid in the amount of the voucher value. If a voucher value is higher than the invoice amount, the voucher remains valid for the excess amount. The balance of a voucher is neither paid out in cash nor does it earn interest. KraftKids vouchers are transferrable. Only one Kraftkids voucher can be redeemed per order and this can only be redeemed before completing the ordering process. Subsequent offsetting is not possible. A voucher can only be used for the purchase of goods but not for the purchase of a voucher. Further conditions result from the voucher.
(b) For payment against "advance payment by bank transfer", the customer will receive the bank details of the provider together with the contract confirmation. Transfers from abroad are only accepted as SEPA transfers in euros. Transfers from abroad must be received free of charge for the provider.
(c) For the "PayPal" payment method, the customer is first directed to an external website from PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") , where the customer enters his PayPal data and thereby initiates the payment.
(d) In addition, the customer can initiate his payment via Amazon Payments. To do this, he presses the “Pay with Amazon” button in the shopping cart. The payment is then processed by Amazon Payments Europe SCA (5, Rue Plaetis, 2338 Luxembourg). Payments can be made within the framework of Amazon Payments at the customer's option by direct debit or by credit card (Visa, Mastercard, American Express).
(e) The provider also accepts the payment methods offered by PayPal as part of "PayPal Plus". Payments can be made by "direct debit" and by "credit card". For customers residing in Germany, a "purchase on account" can also be made.
(aa) For the "direct debit" payment method via PayPal Plus, the customer is forwarded to the PayPal website, where he stores his bank account details, from which the payment amount is then debited by PayPal.
(bb) For the "credit card" payment method via PayPal Plus, the customer will be redirected to the PayPal website if he enters his credit card details (Visa, Mastercard, American Express, Diners Club), from which PayPal will then debit the payment amount .
(cc) The payment method "purchase on account" requires a successful credit check by PayPal. If the orderer is able to "purchase on account" after the credit check, the provider assigns his payment claim to PayPal. The customer has a payment period of 14 days from receipt of the goods and payment can only be made to PayPal with debt-discharging effect. However, even in the case of "purchase on account", the provider remains responsible for inquiries from the customer, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
(5) A payment period of one week from receipt of the contract confirmation applies to prepayment orders. The provider puts the desired goods back for the customer for the duration of the payment period. It is the customer's responsibility to make his payment in good time so that the provider receives it within the deadline. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the deadline. Any payment received from the customer after withdrawal will be refunded to the customer.
§ 4 – Dispatch, delivery times, retention of title
(1) The provider delivers the goods within the period of time specified in the respective product description from payment.
(2) For products that are marked as customizable in the product description, the delivery time increases by one week if the customer requests such customization.
(3) For shipments to destinations outside of Germany, the delivery time increases by a further 3-14 working days, depending on the destination country.
(4) Several products ordered at the same time are delivered in one shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of a certain product with a shorter delivery time in advance, he must order this product separately.
(5) If the delivery to the customer fails because the customer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer assumes the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon conclusion of the contract.
(6) If the provider makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
§ 5 – Consumer Right of Withdrawal
(1) An orderer who buys as a consumer has a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) The provider grants a consumer with permanent residence outside of Germany a 14-day cancellation period even if the national law of the consumer provides for a shorter period for this; for consumers with permanent residence in Slovenia, a cancellation period of 15 calendar days applies.
(3) The provider allows a consumer with a permanent residence outside of Germany to send the declaration of withdrawal informally even if the national law of the consumer provides for a stricter form.
(4) For consumers with a permanent residence in Switzerland, the requirements and legal consequences of the German consumer right of withdrawal also apply if Swiss law does not provide for a right of withdrawal for the consumer.
§ 6 – Warranty
The customer's warranty rights are based on the statutory provisions.
§ 7 – Data protection information
(1) The provider collects and processes the data entered by the customer as part of his purchase for the purpose of processing and fulfilling the contract. This includes in particular the name, address and e-mail address of the customer, as well as the company data you have provided. Insofar as the customer has given further data in the context of his order (e.g. a different delivery address or a telephone and/or fax number), these will also be transmitted.
(2) The provider processes the data mentioned in paragraph 1 electronically for the proper fulfillment of the contract, in particular for shipping, invoicing and booking payments. For the purpose of shipping, the provider can also transmit the name, address and e-mail address of the customer to the shipping company commissioned.
(3) The provider stores the data until all mutual claims from the order have been completely settled and the commercial and tax storage obligations for the provider have expired.
(4) The customer can request information from the provider at any time about the data he has stored about the customer. Furthermore, the customer can request the correction of incorrect data at any time.
(5) The provider named in Section 1 Paragraph 1 is responsible for data protection.
(6) If the customer uses the PayPal or Amazon Payments service for the payment, the data protection provisions of the respective payment service apply to the payment process. The payment service acts as a vicarious agent of the customer, not the provider.
(7) If the customer chooses the payment method "purchase on account" via PayPal Plus, he will be asked in the ordering process to consent to the transmission of the data required for processing the payment and an identity and credit check to PayPal. If he agrees, this data will be transmitted to PayPal. For the purpose of their own identity and creditworthiness check, PayPal or partner companies commissioned by PayPal transmit data to credit agencies and receive information and, if necessary, creditworthiness information from them on the basis of mathematical-statistical processes, the calculation of which includes address data, among other things. The provisions of paragraph 6 apply.
§ 8 - Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, German law does not apply to consumers with permanent residence outside of Germany, insofar as the national law of the consumer contains regulations from which the consumer cannot deviate by contract.
(2) In the event that the customer is a merchant, a corporation under public law or a special fund under public law, the parties agree that the place of performance and exclusive place of jurisdiction shall be the seat of the provider in Mönchengladbach, Germany.
(3) Should individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.